In September 2008, the Sun-Times wrote about an investigation being conducted by the Illinois attorney general’s office into whether the couple had misspent any of the $100,000 grant Obama – then state senator – had awarded to the couple’s housing association to create a botanic garden in the Englewood neighborhood.

In the lawsuit, Smith denied ever being an “Obama 2000 congressional campaign volunteer,” as the Sun-times reported at the time. Smith said he only donated $500 to that year’s unsuccessful campaign against Rep. Bobby Rush (D-Ill.).

The New York Post was included in the lawsuit for running a similar story just after the Sun-Times, the Tribune reported.